According to the Fair Debt Collection Practices Act (FDCPA), debt collectors cannot harass, oppress or abuse consumers or anyone else they contact. Harassment by a debt collector can come in different forms.
Here are some examples of harassment:
- Repetitious phone calls that are intended to annoy, abuse or harass you or any person answering the phone
- The use of obscene or profane language
- Threats or violence or harm
- Publishing lists of people who refuse to pay their debts
- Calling you without telling you who they are
- Threats of arrest
- Calling you before 8 a.m. and after 9 p.m.
If you have been harassed by a debt collector, you can sue for violations of the FDCPA. If you sue and win, the debt collector must pay your attorney’s fees and may also have to pay damages.
Debt collectors are also prohibited from using false, deceptive or misleading practices including misrepresentations about the debt.
Here are some examples of misrepresentations of debt:
- The amount owed
- That the person is an attorney if they are not
- False threats to have you arrested
- Threats to do things that cannot legally be done
- Threats to do things that the debt collector has no intention of doing
If you have any questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.